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MICHAEL G. ACKERMAN, ESQ., STATE BAR #64997
LAW OFFICES OF MICHAEL G. ACKERMAN FILED
2391 The Alameda, Suite 100
Santa Clara, CA 95050 WEY OCT 27 a4 10: 24
Telephone: (408) 261-5800 LER: E COURT
Facsimile: (408) 261-5900 let
SUPER: UR
AUN oe nent
Rasy,
TOF CA
A CLARA
Attorney for Plaintiffs Tan Nguyen; ~2ERUTY
Nghia Nguyen; Kim Thuy Ho;
San Francisco Pizza Inc.
or
%“My "ea
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SANTA CLARA
10 ) Case No.: 17CV318151
TAN NGUYEN; NGHIA NGUYEN; KIM )
il
THUY HO; SAN FRANCISCO PIZZA INC., PLAINTIFFS’ EX PARTE APPLICATION
12 ) FOR. A TEMPORARY RESTRAINING
Plaintiffs, ) ORDER AND AN ORDER TO SHOW
13
Vv.
CAUSE RE PRELIMINARY INJUNCTION
14 AND MEMORANDUM OF POINTS AND
) AUTHORITIES FILED IN SUPPORT
15 VIETNAM TOWN CONDOMINIUM
OWNERS ASSOCIATION, INC., MATRIX ) THEREOF
16 )
}
ASSOCIATION MANAGEMENT, JOSEPH
17 NGUYEN, LAP T. TANG, MICHAEL Date: October 27, 2017
JOHNSON, DAVID ALVARADO, Time: 8:15 a.m.
18 AQUATEK PLUMBING INC, and DOES 1 Dept.: 8
through 10, Inclusive, Judge: Hon. Maureen Folan
19
20 Defendants.
ai
22 On reading the Verified Complaint of Plaintiff on file in the above-entitled action and the
23 Declarations and the Memorandum of Points and Authorities submitted with this Ex Parte
24 Application, it appears to the satisfaction of the court that this is a proper case for granting an
25 order to show cause for a Preliminary Injunction and a Temporary Restraining Order, and that,
26 unless the Temporary Restraining Order prayed for be granted, great or irreparable injury will
27 result to Plaintiff before the matter can. be heard on notice.
28 Mt
Temporary Restraining Order and Order to Show Cause
< ve x e @
IT IS ORDERED that the above-named Defendants, and each of them, appear in
4 aera esa Sie
Department of this court, located at 191 rst S tr a 113,
on Ld\ at a.
Oty
/p.m., or as soon thereafter as the matter‘may
be heard, then and there to show cause, if any they have, why they and their agents, servants,
employees, and representatives, and all persons acting in concert or participating with them,
should not be enjoined and restrained during the pendency of this action from engaging in,
committing, or performing, directly or indirectly, any and all of the following acts:
(a) Defendants and all persons acting on behalf of, through or in concert with them to
restore to Plaintiffs the gas line that was disconnected from the meter labeled “9015” by
10 reconnecting the gas line at the meter and at Plaintiffs’ unit and thereafter ordering that
11 defendants and all persons acting on behalf of, through or in concert with them are prohibited
12 ftom disconnecting the gas line connected to Plaintiffs’ unit.or in any way interfering with
13 Plaintiffs’ quiet enjoyment of the use of said gas line.
14 IT IS FURTHER ORDERED that the above-named Defendants, and each of them,
15 appear at the same time and place‘and show cause, if any they have, why they should not be
16 commanded by order of this court and required during the pendency of this action to:
17 (a) Defendants and all persons acting on behalf of, through or in concert with them to
18 restore to Plaintiffs the gas line that was disconnected from the meter labeled “9015” by
19 reconnecting the gas line at the meter and at Plaintiffs’ Unit and thereafter ordering that
20 defendants and all persons acting on behalf of, through or in concert with them from |
21 disconnecting the gas line connected to Plaintiffs’ Unit or in any way interferirig with Plaintiffs’
22 quiet enjoyment of the use of said gas line.
23 é
24 (c) Copies of the complaint, ex parte application and declarations, memorandum of
25 points and authorities, and this order to show cause and temporary restraining order be served on
26 Defendants not later than Zj 2017.
27 (d) The parties shall adhere to the following bricfing schedule:
1
28
Temporary Restraining Order and Order to Show Cause
+
wae te ® @
'
Defendants’ opposition papers to be filed and served on Plaintiffs no later than Novembe! a
2017;
UNI ROR NS on-defendants no lap
IT IS FURTHER ORDERED that, pending the hearing and determination {the order to
showgause, the above- d Defendants, and each of the and their officers, agents)
employe: representatives, an 1 persons acting in concert or cipating with them,
restrained and\enjoined from engagi in or performing, directly or ctly, any aud all of the
following acts;
10 (a) Defendants d all persons acting on beh: of, NO or in Conce them to
11 restore Plaintiffs the gas lifts.that was disconnected from We meter labeled “9015” by
12 reconnectihg the gas line at the me’ and at Plaintiffs’ unit,andthereafter ordering that
13 defendants and\all persons acting on b f of, through or in concett with them from
14 disconnecting thegas line connected to Plaigtiffs’ unit or in any way thterfering with Plaintiffs’
15 quiet enjoyment of ths.use of said gas line,
16 Bond on the abovs temporary restraining dxder is fixed in the sum o
17 . Th&above temporary restr ig order may not issue unyi] Plaintiffs
18 have filed a bond in the above-specified sum.
i9 ORDHR
A
20 IT IS SO ORDERED.
21
22 Dated: | 0 TL) | 7
pa ge Of perior ut
Co (7
23
24 Maureen A. Folan
25
26
27
28
Temporary Restraining Order and Order to Show Cause
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« ee ES ¥ 6 e MICHAEL G. ACKERMAN, ESQ., STATE BAR #64997 LAW OFFICES OF MICHAEL G. ACKERMAN FILED 2391 The Alameda, Suite 100 Santa Clara, CA 95050 WEY OCT 27 a4 10: 24 Telephone: (408) 261-5800 LER: E COURT Facsimile: (408) 261-5900 let SUPER: UR AUN oe nent Rasy, TOF CA A CLARA Attorney for Plaintiffs Tan Nguyen; ~2ERUTY Nghia Nguyen; Kim Thuy Ho; San Francisco Pizza Inc. or %“My "ea SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA 10 ) Case No.: 17CV318151 TAN NGUYEN; NGHIA NGUYEN; KIM ) il THUY HO; SAN FRANCISCO PIZZA INC., PLAINTIFFS’ EX PARTE APPLICATION 12 ) FOR. A TEMPORARY RESTRAINING Plaintiffs, ) ORDER AND AN ORDER TO SHOW 13 Vv. CAUSE RE PRELIMINARY INJUNCTION 14 AND MEMORANDUM OF POINTS AND ) AUTHORITIES FILED IN SUPPORT 15 VIETNAM TOWN CONDOMINIUM OWNERS ASSOCIATION, INC., MATRIX ) THEREOF 16 ) } ASSOCIATION MANAGEMENT, JOSEPH 17 NGUYEN, LAP T. TANG, MICHAEL Date: October 27, 2017 JOHNSON, DAVID ALVARADO, Time: 8:15 a.m. 18 AQUATEK PLUMBING INC, and DOES 1 Dept.: 8 through 10, Inclusive, Judge: Hon. Maureen Folan 19 20 Defendants. ai 22 On reading the Verified Complaint of Plaintiff on file in the above-entitled action and the 23 Declarations and the Memorandum of Points and Authorities submitted with this Ex Parte 24 Application, it appears to the satisfaction of the court that this is a proper case for granting an 25 order to show cause for a Preliminary Injunction and a Temporary Restraining Order, and that, 26 unless the Temporary Restraining Order prayed for be granted, great or irreparable injury will 27 result to Plaintiff before the matter can. be heard on notice. 28 Mt Temporary Restraining Order and Order to Show Cause < ve x e @ IT IS ORDERED that the above-named Defendants, and each of them, appear in 4 aera esa Sie Department of this court, located at 191 rst S tr a 113, on Ld\ at a. Oty /p.m., or as soon thereafter as the matter‘may be heard, then and there to show cause, if any they have, why they and their agents, servants, employees, and representatives, and all persons acting in concert or participating with them, should not be enjoined and restrained during the pendency of this action from engaging in, committing, or performing, directly or indirectly, any and all of the following acts: (a) Defendants and all persons acting on behalf of, through or in concert with them to restore to Plaintiffs the gas line that was disconnected from the meter labeled “9015” by 10 reconnecting the gas line at the meter and at Plaintiffs’ unit and thereafter ordering that 11 defendants and all persons acting on behalf of, through or in concert with them are prohibited 12 ftom disconnecting the gas line connected to Plaintiffs’ unit.or in any way interfering with 13 Plaintiffs’ quiet enjoyment of the use of said gas line. 14 IT IS FURTHER ORDERED that the above-named Defendants, and each of them, 15 appear at the same time and place‘and show cause, if any they have, why they should not be 16 commanded by order of this court and required during the pendency of this action to: 17 (a) Defendants and all persons acting on behalf of, through or in concert with them to 18 restore to Plaintiffs the gas line that was disconnected from the meter labeled “9015” by 19 reconnecting the gas line at the meter and at Plaintiffs’ Unit and thereafter ordering that 20 defendants and all persons acting on behalf of, through or in concert with them from | 21 disconnecting the gas line connected to Plaintiffs’ Unit or in any way interferirig with Plaintiffs’ 22 quiet enjoyment of the use of said gas line. 23 é 24 (c) Copies of the complaint, ex parte application and declarations, memorandum of 25 points and authorities, and this order to show cause and temporary restraining order be served on 26 Defendants not later than Zj 2017. 27 (d) The parties shall adhere to the following bricfing schedule: 1 28 Temporary Restraining Order and Order to Show Cause + wae te ® @ ' Defendants’ opposition papers to be filed and served on Plaintiffs no later than Novembe! a 2017; UNI ROR NS on-defendants no lap IT IS FURTHER ORDERED that, pending the hearing and determination {the order to showgause, the above- d Defendants, and each of the and their officers, agents) employe: representatives, an 1 persons acting in concert or cipating with them, restrained and\enjoined from engagi in or performing, directly or ctly, any aud all of the following acts; 10 (a) Defendants d all persons acting on beh: of, NO or in Conce them to 11 restore Plaintiffs the gas lifts.that was disconnected from We meter labeled “9015” by 12 reconnectihg the gas line at the me’ and at Plaintiffs’ unit,andthereafter ordering that 13 defendants and\all persons acting on b f of, through or in concett with them from 14 disconnecting thegas line connected to Plaigtiffs’ unit or in any way thterfering with Plaintiffs’ 15 quiet enjoyment of ths.use of said gas line, 16 Bond on the abovs temporary restraining dxder is fixed in the sum o 17 . Th&above temporary restr ig order may not issue unyi] Plaintiffs 18 have filed a bond in the above-specified sum. i9 ORDHR A 20 IT IS SO ORDERED. 21 22 Dated: | 0 TL) | 7 pa ge Of perior ut Co (7 23 24 Maureen A. Folan 25 26 27 28 Temporary Restraining Order and Order to Show Cause